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Sunday, December 1, 2013

Protect Yourself as a Tenant!

PROTECT YOURSELF AS A
TENANT!

Owners like Larry Gluck of
Stellar Management make a LOT of money from market-rate apartments.
To do that, they have to get
rid of the tenants paying affordable rents. That hurts our community and
deprives current and future residents of affordable homes. So Stellar’s attorneys
at Kossoff and Unger are calling tenants (even on Thanksgiving weekend) with
a “carrot” (a small amount of money to find another home) and a “stick” (a
reason they might go after you legally).

STELLAR
OFFERS MONEY TO GET YOU TO LEAVE YOUR
APARTMENT

The money is never enough
to live on and much less than Stellar will be getting for your apartment. If you want to stay in your apartment,
contact us. If you would be willing to move for enough
money, negotiate through a lawyer or representative. Click on “read more” below
for details.

STELLAR
THREATENS TO TAKE YOU TO COURT OR NOT RENEW YOUR LEASE

Do you own property elsewhere or travel? It’s ok if you live here
183 days or more each year. Keep records!

Pay
your rent on the 1stof
the month, or get help with it.

Roommates
are ok – but tell Stellar if they’re here 30 days or more.

If
you’re trying to get a lease in your own name after the person named on the
lease leaves, contact us!

Keep a
copy of your lease and rent bills, and CONTACT US.Click on "read more" for details.

HOW STELLAR IS TRYING TO GET PEOPLE OUT

and HOW TO PROTECT
YOURSELF

STELLAR'S LAWYERS OFFER MONEY TO GET YOU TO LEAVE YOUR APARTMENT: The money they offer is never enough to find another affordable place to live for the rest of your life, and is far below the profit they will reap. Stellar is asking $4800/month market-rate rent for a two-bedroom apartment (advertised for Apt. 9F now). So Stellar will recoup $57,600 in just one year – or $576,000 in 10 years. So the $30,000 to $50,000 they may be offering you to leave is chicken feed (at least to them), and not enough for you to find a new home. Where do you want to live and how much will it cost over 10 years? If you want to stay in your affordable home, contact us! If you are ready to leave for money, get a lawyer or other person to negotiate on your behalf.

STELLAR IS THREATENING TO TAKE YOU TO COURT (and possibly not renew your lease).

a. “Non-primary residence”:Landlords try to get rid of rent-regulated tenants who spend a lot
of time out of town or own other property anywhere. But you are allowed to
live in a rent stabilized apartment and own property elsewhere – as long as you
live here at least 183 days/year (6 months + 1 day). Keep documents showing how many days you are
physically in your apartment and why you are
out of town (medical or health reasons, military, college, visiting or taking
care of relatives, etc.). Credit card
and phone bills, doctor’s appointments and similar items show you’re actually
spending time here. A statement from your employer showing your work days in this area would also be useful. A landlordcan only bring this case in the context of your lease renewal.

b. Non-payment or Pattern of Late Payments: Pay your rent by
the first of the month. If you get a notice that Stellar is taking you to court, CALL A FREE LAWYER (e.g. Joyce Goodman in the office of Assembly Member Daniel O'Donnell, 212-866-3970) or go to LawHelp/NY and type in your zip code, find a lawyer, and housing (eviction). Don't wait. If the landlord brings you to court for not paying (or repeatedly paying late), look for a family member or charity to give you one month's rent so you can catch up.

c. Retaliation or harassment:It’s illegal for a landlord
to harass tenants to get them to move out.
Document any complaints you've filed about problems in your building or
individual unit, and keep track of whether Stellar later refused to renew your
lease or took you to court for not paying your rent on time or creating a
nuisance. TELL THE TENANT ASSOCIATION. The
landlord might be harassing you and your neighbors similarly. We can
fight this better together.

Your
phone is used from this address, and bills – and whatever else you can
think of - come here.

2. YOU HAVE LIVED HERE FOR AT LEAST THE PAST
2 YEARS (if you're a senior or disabled, only 1 year) WITH the
person named on the original lease.

3.YOU ARE RELATED TO (OR LIVED IN A FAMILY-LIKE RELATIONSHIP WITH) the original person named on the lease who has left. You can use birth, marriage, and domestic partner certificates, photographs, religious and other records showing the relationship.4.FORMS (if you can): The
primary tenant filed DHCR Form 23.5 stating that you live in the
apartment, and your name appeared on recent lease renewals as a resident in the apartment. _____________________________________________________

The
bottom line: You’re not the only one in
the building facing this, so contact the
Central Park Gardens Tenants’ Association (any executive committee member).
Let’s fight it together.

Contact Sue for the Tenant Handbook for lots of useful information.And join our e-mail list by e-mailing sue @ janak [dot] org (your name and e-mail address will not appear to others).Household dues are $10 per year.

And please contribute to our legal fund! You can give the $100/year for each apartment (or more if you can afford it) to your floor captain, or to our treasurer, Joan Browne.